Delegated Report - Code - Planning MCU17 0560

Author	Development Planner, Glen Conforti
Development Assessment

APPLICATION DETAILS
Application No.	MCU17/0560 & OPW17/0595
Applicant	Billy Lids Australia P/L TTE Martoo Consulting
Proposal	Material Change of Use for 4 x Ancillary Dwelling Units and Industrial Business Type 2 Production alteration repackaging
Properly Made Date	7 December 2017
Information Request Date	12 January 2018
Information Response Date	2 February 2018
Decision Due Date	8 March 2018
Report Completed Date	7 March 2018
Number of Submissions	Not Applicable

PROPERTY DETAILS
Property Address	23 Venture Dr Noosaville Qld 4566
RP Description	Lot 10 SP 216079
Land Area	1899m²
Existing Use of Land	vacant

STATUTORY DETAILS
SEQRP Designation	Urban footprint
Locality	Noosaville
Zone	Industry
Overlays	Biodiversity Overlay – Environmental Protection Natural hazards Overlay – Low Potential Acid Sulfate Soils
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use for 4 x Ancillary Dwelling Units and 8 industrial tenancies. The 8 industrial tenancies range in size from 82m² to 115m² with the 4 Ancillary Dwelling Units located on the upper floor of 4 of the 8 industrial tenancies. The Ancillary Dwelling Units range in size from 87m² to 118m². The tenancies without Ancillary Dwelling Units include an upper level storage (mezzanine) area of 28.34m² each except for 1 tenancy which is 38.69m². The building is proposed using tilt panel construction with high level windows overlooking the car parking with glazing and wall cladding fronting the street. The development proposes 19 car spaces along the western boundary and 4 motorcycle along the southern boundary (rear).
The application also seeks operational works approval for driveway, drainage works, earthworks, stormwater and landscaping. Landscaping is provided to the frontage and along the western boundary.
The following Figures show the floor plan and elevations.

Figure 1 - Floor plan including the ancillary dwellings on the upper levels.

Figure 2 - Elevations
site details
Site Description
The site is generally level with a slight slope from the south to the north being from the rear to the front of the lot. Figure 3 below shows the site location.

Figure 3 - Site location
Surrounding Land Uses
Small industrial development surround the site with the proposed Noosa Chocolate Factory adjoining to the east and a brewery nearby.
assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017
The Noosa Plan.
The following codes from the Noosa Plan are applicable to this development:
Noosaville Locality Code
Business Uses Code
Engineering Works Codes
Landscaping Code
Detached House Code (for the Ancillary Dwelling Units)
The subject site is located in the Noosaville Locality and is zoned Industry. The proposed 4 Ancillary Dwelling Units and Industrial Business Type 2 Production alteration repackaging are defined as consistent uses within the zone and are required to follow a code assessable application process.
The application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below:
Table 1 - Development parameters
Criteria	Planning Scheme	Proposal	Complies
Site Area	1000m²	1899m²	
Gross floor area	No GFA specified	859m²	
Landscaped open space Soft landscaping Landscaping Setbacks	15% min = 284m² 170m² min 60% of total 2 metres to uncovered car parking within the frontage	284m² 230m²	
Building height storeys metres	2 storeys max 12 metres	2 storeys 10 metres	
Boundary setbacks Frontage East Side West Side Rear	6 metres min 0 metres min 0 metres min 0metres min	6.5 metres 0.1 metres 16 metres 0 metres	
Car parking	20 spaces	19 car spaces + 4 motor cycle spaces = ~ 20 spaces	
Bicycle Spaces End of Trip Facilities* *(required only where 5 + spaces are required)	8 bicycle spaces 1 locker per 2 bicycle spaces	8 bicycle spaces 0 locker/s	X
Ancillary Dwelling Unit	1 per premises	4	
			
Lockers
No lockers are indicated on the proposal plan. This does not raise any concern as a condition is included to ensure that 1 locker per tenancy is provided.
Built form
Specific Outcome O199 of the Noosaville Locality Code seeks that buildings are designed and sited to provide visual interest by designing well-articulated buildings using a variety of external building material, particularly to walls that are visible from the street.
A portion of the east facing plain tilt panel concrete wall will be visible from the street. Part of the wall is proposed to be covered by another built to the boundary wall of the adjoining development but the northern 4m and the southern 18m of the plain wall will be exposed and seen from the street. Furthermore, the eastern side of the front elevation is a large plain wall with no visual interest. These parts of the walls do not meet Specific Outcome O199. Therefore a condition is included to ensure some interest is provided to these wall areas.
Ancillary Dwelling Units
The proposal seeks approval for 4 x Ancillary Dwelling Units. The following is the definition of Ancillary Dwelling.
Ancillary dwelling unit means the use of premises for a caretaker’s residence or employee residence associated with a non-residential use on the same premises where:
There is no other dwelling unit on the premises, except where the non-residential use is an agricultural use;
The gross floor area of the dwelling unit does not exceed 150m2;
The dwelling unit is subordinate to the non-residential use;
The dwelling unit is attached to or within 25m of the non-residential use; and
The dwelling unit is occupied by the owner of the non-residential use or somebody employed in the non-residential use.

The proposal generally complies with the definition, except the definition provision that seeks that Ancillary Dwelling Units are subordinate to the non-residential use on site. The Ancillary Dwellings Units are proposed with the same floor area (approx.)* as the associated industrial business tenancy and considered not to be subordinate to the industrial use. Furthermore, should the industrial business be a high intensity use, it is still unlikely the Ancillary Dwelling Units would be subordinate to the use, given the type of use likely to use the small size tenancies. *See Table 2 below.

Table 2 - Comparison of sizes
Ancillary Dwelling Unit size (m²)	Associated industrial tenancy size (m²)
110	112
83	82
83	82
111	115

The Ancillary Dwelling Units as currently proposed are not supported as they are not subordinate to the non-residential use. However, it is considered that when the Ancillary Dwellings Units are reduced in size to 65m², they would be subordinate to the industrial use and would sufficiently serve the caretaking purpose the Planning Scheme seeks for Ancillary Dwellings Units. A condition is included accordingly.

The operational works aspects all comply with the provisions of the relevant codes and Australian Standards.
CONSULTATION
Other Referrals
The application was forwarded to the following internal Council officers:
Health Officer
Waste Officer
Engineering Officer
conclusion & reasons for decision
The proposed development generally complies with the requirements of the planning scheme and does not raise any significant issues that cannot be addressed by reasonable and relevant conditions. The application is therefore recommended for approval.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No MCU17/0560 for a Material Change of Use - Ancillary Dwelling Units and Industrial Type 2 Production alteration repackaging situated at 23 Venture Dr Noosaville Qld 4566 and described as Lot 10 SP 216079, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU17/0560 & OPW17/0595
Street address:	23 Venture Dr Noosaville Qld 4566
Real property description:	Lot 10 SP 216079
Planning Scheme:	The Noosa Plan (3 July 2017)
Decision details
Council decided to issue the following type of approval:
Development Permit for for Material Change of Use for 4 x Ancillary Dwelling Units and Industrial Type 2 Production alteration repackaging
Development Permit for Operational Works for driveway, drainage works, earthworks, stormwater and landscaping
CURRENCY PERIOD of approval
The currency period for this development approval for material change of use is 6 years starting the day that this development approval takes effect.
The currency period for this development permit for operation works is 2 years starting the day that this development approval takes effect.
assessment manager conditions
MATERIAL CHANGE OF USE – MCU17/0560
PLANNING
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
CD00	C	Site Plan, prepared by RC Studio and as annotated by Council	02.02.2018
CD01	B	Elevations, Site Plan, prepared by RC Studio and as annotated by Council	02.02.2018
The Approved Plans must be amended to incorporate the amendments listed within this Decision Notice and resubmitted to Council prior to arranging the pre-start meeting for operational works.
Nature and Extent of Approved Use
The Ancillary Dwelling Units must not exceed a maximum gross floor area of 65m².  In this regard, amended plans showing the Ancillary Dwelling Units reduced in size must be submitted to Council prior to arranging the pre-start meeting for operational works.
Any display and retail sale of goods must remain an ancillary component to the approved industrial use and must not exceed 20% of the gross floor area.
Building Appearance
All air conditioning units and other mechanical and service equipment must be fully enclosed or screened such that they are not visible from the street frontages.
To improve street appearance, the plain masonry wall on the eastern side of the front elevation must incorporate a mix of materials to provide depth and interest to the façade.
Visual interest (e.g. recessed pattern/s) must be provided to the eastern elevation in accordance with the following:
for 4m in length measured from the N.E corner of the elevation and for the full height of the wall; and
for 18m in length measured from the S.E. corner of the elevation and for the full height of the wall.
Amended plans must be to the satisfaction of the Chief Executive Officer and submitted to Council prior to arranging the pre-start meeting for operational works.
Building Height
The maximum height of the development must not exceed 10 metres above the finished ground level and the natural ground level.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $15,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to arranging the pre-start meeting. The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Community Management Statement
Any proposed Community Management Statement required for the development pursuant to the Body Corporate and Community Management Act 1997 must be submitted to Council for endorsement at the same time as submission of the Building Format Plan (or similar) to Council for plan sealing approval.
All clauses and by-laws of the proposed Community Management Statement must accord with the requirements of this Decision Notice and, in particular, must include the following additional clauses:
The Ancillary Dwelling Units must be used to accommodate a caretaker of the associated industrial use tenancy.
Water & Sewer Connections
An underground connection to reticulated water and sewerage must be provided to the development site in accordance with the standards and requirements of Northern SEQ Distributor–Retailer Authority (Unitywater).
A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority (Unitywater) must be submitted to Council that certifies an underground connection to reticulated water and sewerage has been provided to the development site.
ENVIRONMENTAL HEALTH
Outdoor Lighting Devices
Lighting associated with the use must be designed, sited, installed and tested to comply with Table 2.1 & 2.2 of Australian Standard AS4282-1997 “Control of the obtrusive effects of outdoor lighting” using a control level of 1.
Waste Disposal
The developer must provide waste storage and disposal facilities in accordance with Planning Scheme Policy No. 9 “Waste Management Multi-Dwellings and Commercial and Industrial Premises”. The facilities must include an external impervious area correctly sized for all refuse and recycling containers and suitably screened from public places and neighbouring properties. A bin wash area is required with a cold-water tap, hose and drain outlet connected to sewer, via a bucket trap. The drain outlet must be designed to prevent storm water entry to the sewerage system. This can be achieved with a nib wall 50mm high and up to 700mm x 700mm wide (max 0.5m²), or alternatively the waste area can be roofed, or any other design approved by Council.
Refuse containers must be provided in accordance with the requirements of the Environmental Protection (Interim Waste) Regulation 1996 and (Waste Management) Regulation 2000, for the storage and collection of refuse.
ENGINEERING
A minimum of 19 car parking spaces and 4 motor cycle spaces must be provided on the site which includes 1 disabled space. One loading bay in addition to the 19 car spaces as indicated on the approved plans.
The development is approved for deliveries by a Small Ridged Vehicle (SRV – L: 6.40m, W: 2.33m).
Eight (8) bicycle parking spaces must be provided on-site and a minimum of 1 end of trip locker facility must be provided to each industrial tenancy.
All car parking areas and access driveways must be maintained exclusively for vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
To ensure pedestrian safety between vehicles exiting the site and pedestrians on the footpath, the driveway and any associated fencing or vegetation near the driveway must comply with the minimum sight line requirements as defined in AS 2890.1, section 3.2.4.
Stormwater Drainage
Stormwater runoff from the development must be disposed of on-site generally in accordance with the approved engineering plans and must not cause scour or damage to the subject site or any adjoining property.
Electricity and Telecommunication Services
Unless otherwise stipulated by telecommunications legislation at the time of construction, the development must be provided with all necessary conduits, pits and pipes to accommodate the future connection of optic fibre technology telecommunications.
Landscaping Works
The development site must be landscaped.  The works must be undertaken in accordance with the approved plans and Planning Scheme Policy PSP 3 Landscaping Plants and Guidelines.
The 3 existing street trees in poor health between the footpath and the road must be removed and replaced with 4 x melaleuca salicina (melaleuca salignus) planted between the footpath and the front boundary of the site (2 trees on each side of the driveway).
All landscape works must be established and maintained in accordance with the approved design for the life of the development, and in a manner that ensures healthy, sustained and vigorous plant growth.  All plant material must be allowed to grow to full form and be refurbished when its life expectancy is reached.
OPERATIONAL WORKS – OPW17/0595
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
27296-OW3	-	Operational Works: Earthworks,  prepared by SCG Consulting Engineers	Nov 2017
27296-OW4	A	Operational Works: Driveway & Access,  prepared by SCG Consulting Engineers	24.01.2018
27296-SW1	A	Operational Works: Stormwater Management,  prepared by SCG Consulting Engineers	24.01.2018
LP – 01 Sheet 1 of 3	B	Landscape Plan, prepared by Environmental Landscape Planning and as annotated by Council	31 January 2018
LP – 02 Sheet 2 of 3	B	Landscape Plan - Specifications, prepared by Environmental Landscape Planning and as annotated by Council	31 January 2018
LP – 02 Sheet 3 of 3	B	Landscape Plan - Specifications, prepared by Environmental Landscape Planning and as annotated by Council	31 January 2018

Landscaping Works
Two melaleuca salicina (melaleuca salignus) street trees must be planted to each side of the driveway (4 street trees in total) within the road reserve between the existing footpath and the front boundary of the development site. The street trees must have a pot size of 45 litres.
The three (3) existing street trees in poor health located between the footpath and the kerb and channel must be removed and the garden replaced with turf.
All landscape works must be constructed and undertaken generally in accordance with the approved plans and conditions detailed in this Decision Notice.
Turfed areas within the Venture Drive road reserve must:
join smoothly and level with adjoining surfaces; and
be free of disease, pest, weeds, rock and debris.
Landscape works must:
be in accordance with Planning Scheme Policy PSP 3 Landscaping Plants and Guidelines;
take all measures to prevent Fire Ants (or any stages of the fire ant life cycle) entering the work site;
take all measures to prevent Myrtle Rust infection;
not obstruct overland flow paths and must include adequate drainage to minimise ponding. Mulch or any floatable material must not be located in swales, overland flow paths or around grated drains;
not encroach onto kerb and channel, footpaths, pedestrian or vehicular/ circulation areas;
not restrict access to service meters;
delineate all garden to grassed area interfaces with a hard edge;
ensure sales signage and ancillary infrastructure is not installed within the road reserve;
ensure permanent irrigation is not installed within the road reserve;
ensure all weeds and debris are removed from planting areas prior to planting;and
ensure mulch is aged, comprised of leaf and limb material of varying sizes, free of foreign matter including anthropogenic waste, rock, soil / sediment contamination and is applied to ensure a minimum 100mm depth once settled.
Soil provided for landscaping must provide for the site specific vegetation performance objectives.
All landscape works must be completed prior to the commencement of use.
PRIOR TO THE COMMENCEMENT OF WORKS
Engineering
A condition report including photographs of the frontage of the site must be completed and submitted to council prior to the prestart meeting and any works commencing.
A condition report including photographs of all fences and retaining walls bordering the site and any buildings, structures, pathways, landscaping features etc on adjoining properties that could potentially be impacted on by the proposed earthworks and construction works must be completed and submitted to Council prior to the prestart meeting.
The principal contractor must have all the appropriate insurance and public liability documentation to carry out the works. The principal contractor is also responsible to ensure that any subcontractors also have the appropriate insurance and public liability documentation. Certificates demonstrating currency of public liability insurance and works insurance covering the works must be submitted to Council prior to the prestart meeting.
Council must be contacted at least 5 working days prior to any works commencing to organise a prestart. The contact number to arrange a pre-start meeting is 5329 6245. The pre-start meeting must include the relevant parties for the following aspects of the works:
civil engineering works;
landscape works;
erosion and sediment control works; and
other relevant parties
A Construction Management Plan must be submitted to Council prior to the pre-start meeting and must specifically address the following:
Traffic Management during all aspects of the construct phase including:
A Traffic Management Control Plan in accordance with Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures prior to construction
Maintenance of safe pedestrian access across the frontage of the site both during daily construction and after daily construction has ceased
Proposed fencing to the site during the construction phase of the development
Adequate parking arrangements for construction workers and appliances.
Maintenance and protection of water quality and existing drainage lines through the construction site through the implementation of appropriate erosion and sediment control measures
Works programme identifying key components of the works and their respective durations
Establishment of a communication protocol with the general public, adjoining owners, emergency services and local businesses to advise of agreed construction times, impacts on traffic and services and other relevant issues
Identification of complaint management procedures including:
contact details for the on-site manager
dispute resolution procedures
Any changes to the details associated with the supervising RPEQ or Principal Contractor during construction, must be notified to council in writing within five business days of the change occurring.
Any conflict between the development and an existing or proposed service must be referred to the relevant service authority for determination prior to commencement of works.
DURING CONSTRUCTION
Engineering
The developer must meet any costs to repair damage to any Council asset during construction, where damage is a result of the development works. Damage to assets must be repaired immediately where it creates a hazard to the community. In circumstances where the damage does not create a hazard to the community, it must be repaired immediately on completion of the works associated with the development.
To ensure pedestrian safety between vehicles exiting the site and pedestrians on the footpath, the driveway and any associated fencing or vegetation near the driveway shall comply with the minimum sight line requirements as defined in AS 2890.1, section 3.2.4.
All works must be supervised by a Registered Professional Engineer of Queensland (RPEQ) who is independent of the Developer and Principal Contractor, and they must certify that all works conform to the Operational Works permit. Where municipal works are involved, such confirmation must be submitted for the respective hold points prior to any site inspection by Council Officers.
All works must be constructed and work procedure undertaken in accordance with:
The approved plans/documents and conditions detailed in this Decision Notice
All relevant Noosa Council Planning Scheme Policies, standard drawings, standard specifications and guidelines
The latest version of the Healthy Waterways document “Water Sensitive Urban Design Technical Design Guidelines for South East Queensland” for all water quality devices to be constructed on site
Pavement design for privately owned works must be undertaken in accordance with the relevant standards.  Structural integrity of the driveway and car park areas will remain the responsibility of the property owner/developer and must be certified by an RPEQ.
Works within Road Reserve/Reinstatement
Safe pedestrian access on all streets in the vicinity of the development must be maintained at all times. Should footpath/road closures be necessary to carry out construction works, Council’s Engineering Officer must be notified prior to the proposed closure and all requirements complied with.
All frontage works must match neatly with existing road and verge/footpath features. Additional works beyond the frontage may be required to provide an acceptable transition to existing road and verge/footpath profiles.
Any electrical conduits or other services proposed to be installed within existing and proposed road reserves under existing sealed carriageways, concrete pathways, concrete/sealed driveways or significant vegetation must be installed by boring. Trenching is not permitted, unless specifically approved by Council.
Site Access and Driveways
Driveway crossovers must be constructed in accordance with the approved plans and in in compliance with IPWEA standard drawing RS- 051 and must have levels and grades match the levels and the grades of any existing or proposed concrete pathway without posing trip hazard.
The following must be complied with during the construction of the required crossover/driveway:
The driveway width must not exceed 7.23m at the front boundary line.
The driveway surfacing must consist of either an approved hot mixed asphaltic concrete or patterned/plain concrete.
Underground service conduits for water supply, electricity and any other services must be provided as part of the access driveway
Where there is an existing pedestrian path, a matching crossfall must be provided for the driveway on the alignment of the path, for the full width of the path
Have a minimum clearance of 0.5m from any Unitywater/Telstra and be located a minimum of 1m clear of existing power poles, streetlights or other signage. The developer is responsible for any necessary relocation of existing services to provide this clearance and must contact the relevant service authorities and comply with their requirements in relation to these works.
Any existing kerb & channel and concrete footpath sections requiring removal due to the new works must be saw-cut and removed to allow for a smooth and neat finish with the new works.
Earthworks
All earthworks shall be undertaken in accordance with the provisions of AS 3798 Guidelines on Earthworks for Commercial and Residential Development, with geotechnical testing undertaken in accordance with Section 8 of the Standard, and to a minimum of ‘Level 2’ as defined in Appendix B. Test results as required by AS 3798, and a certificate of quality and uniformity of fill and compaction shall be provided by a RPEQ and submitted to Council prior to final inspection.
All Earthworks and construction works must be carried out taking into consideration the protection of any existing above and below surface services, and the stability and protection of fences and any buildings and structures on the adjoining properties.
Stormwater Drainage
Appropriate scour protection must be provided at the outlet of all stormwater pipes including temporary outlets.
Works associated with this permit must not adversely impact on the existing drainage conditions on other properties (eg by blocking or interfering with natural overland flows).
Construction of all internal stormwater drainage works must comply with the relevant section/s of Australian Standard AS/NZS 3500.3.
Prior to the completion of the development, all site surfaces must be effectively stabilised using methods which have achieved effective short-term stabilisation and which will continue to achieve effective stabilisation in the medium- to long-term (refer to E&SC Advisory Notes). For the purpose of this condition, an effectively stabilised surface is defined as one that does not, or is not likely to result in visible evidence of soil loss caused by sheet, rill or gully erosion or lead to sedimentation, or lead to water contamination.
Environment - Erosion and Sediment Control
Prescribed Water Contaminants (as defined in the Environmental Protection Act 1994) must not be released from the site or to waters within the site, or be likely to be released should rainfall occur, unless all reasonable and practicable measures are taken to prevent or minimise the release and concentration of contamination.
Erosion and sediment control measures must be installed and maintained to minimise erosion on the site and to minimise the export of sediment and associated pollutants from the site. The erosion and sediment control measures must be designed, installed and maintained in accordance with current best practice standards (refer to advisory notes).
Prior to the final inspection for the development, all site surfaces must be effectively stabilised using methods which have achieved effective short-term stabilisation and which will continue to achieve effective stabilisation in the medium to long-term (refer to advisory notes). For the purpose of this condition, an effectively stabilised surface is defined as one that does not, or is not likely to result in visible evidence of soil loss caused by sheet, rill or gully erosion or lead to sedimentation, or lead to water contamination.
Limit soil exposure on the site to a distance of no more than 2m beyond the extent of earthworks shown on the approved plans except where the exposed soil is effectively stabilised without delay and prior to rainfall occurring.
Damage to Services and Assets
Any damage caused to existing services and assets as a result of the development works must be repaired at no cost to the asset owner at the following times:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval.
FOLLOWING CONSTRUCTION
Certification
Upon completion of the work and prior to final inspection by Council a certificate must be issued by an RPEQ certifying that the works have been constructed in accordance with the Operational Works permit and the applicable standards.
A final inspection and approval of the completed works by Council’s Inspector is required.  Please contact Council on 5329 6245 to arrange for the inspection.
referral agencies
Not applicable.

Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
PLANNING
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit on 07 3247 6212 to discuss any obligations under the ACH Act.
Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the requirements of the National Construction Code - Building Code of Australia (Volume 1) as they relate to people with disabilities.  Your attention is also directed to the fact that in addition to the requirements of the National Construction Code as they relate to people with disabilities, one or more of the following may impact on the proposed building work:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards.
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's DA Planning Section to arrange a Development Compliance Inspection.
INFRASTRUCTURE CHARGES
This Development Permit will trigger an “Infrastructure Charge Notice” to be issued in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue.
ENGINEERING
General Advisory Notes
Council has undertaken an audit check of the Operational Works drawings in relations to the proposed works.  A detailed check of the calculations and drawings has not been undertaken, as they have been certified by a RPEQ.  The RPEQ bears full responsibility for all aspects of the engineering design.  Council reserves the right to require further amendments and/or additions at a later date should design errors become apparent.
Council reserves the right to call up any performance bond held or levy charges against the property, should emergency works be required to be undertaken by Council to make the site safe due to inactivity on the development site for extended periods of time.
Should any changes or modifications to the approved plans be required as a result of construction constraints, a “Request to change an existing approval” under the Sustainable Planning Act 2009 must be made. Amended plans clearly indicating the changes must be lodged with this application along with the appropriate fees.
Prestart
Contact Council on 5329 6245 to arrange a prestart or an inspection giving a minimum of 5 business days notice of preferred inspection time.
It should be noted prior to arranging a pre-start meeting the Right of Appeal Period of 20 business days should have been passed or the applicant has have confirmed by a letter or an email that he/she has accepted the conditions of Decision Notice and waived his/her appeal right.
If Council officers are required to undertake additional inspections of the same works, a reinspection fee will be applicable in accordance with Council’s Fees and Charges register applicable at the time.
Environmental Advisory Notes
The Environmental Protection Act 1994 states that a person must not carry out any activity that causes, or is likely to cause, environmental harm unless the person takes all reasonable and practicable measures to prevent or minimise the harm. Environmental harm includes environmental nuisance. In this regard persons and entities, involved in the civil, earthworks, construction and landscaping phases of this development are to adhere to their ‘general environmental duty’ to minimise the risk of causing environmental harm.
Erosion and Sediment Control
Accepted best practice standards include:
Best Practice Erosion and Sediment Control, International Erosion Control Association (2008).
As a general rule, a site is determined to have achieved effective short-term stabilisation if at the time of the plan sealing inspection:
Methods of stabilisation are:
appropriate for slopes and slope lengths; and
are consistent with best practice environmental management practices such as in the Manual for Erosion and Sediment Control or the IECA Manual; and
Stormwater runoff from the site is not currently, and is not likely to result in visible evidence of sedimentation or erosion, or lead to water contamination.
If at the time of request for plan sealing, the method of short-term stabilisation has not achieved a level of stability that Council's Officers believe will have a high probability of achieving long term stability (i.e. until house construction has occurred on all lots), Council Officers may take the following matters into consideration in determining whether the site is capable of achieving medium to long-term stability:
evidence that the site has been effectively stabilised in the short term;
evidence that soil has been adequately ameliorated;
evidence that seed of annual and perennial grass species has been applied at an adequate rate; and
that grass seed has germinated at a density that is likely to achieve an effective grass cover.
For example, while hydromulch can provide an immediate and effective stabilising cover to soils, the protective cover can be relatively short-lived if vegetation fails to establish before the thin layer of mulch decomposes. So if hydromulch is selected as the method of temporary short term stabilisation, Council Officers will seek to confirm that perennial as well as annual grasses are well established at the time of plan sealing to reduce the risk of instability of the site in the medium to long term. As a general rule, hydromulch will only be accepted as a “patch” fix and should comprise no more than 20% of the exposed site area due to the high risk of failure. Due to the requirement to progressively stabilise exposed areas, it is not envisioned that this will present any difficulties for an appropriately managed and compliant site.
Building and Construction Industry (Portable Long Service Leave) Levy
Where it is required, the QLeave levy should be paid prior to arranging the prestart meeting. The details that the Levy has been paid must be submitted to Council prior to the prestart. QLeave contact: 1800 803 481 (free call) or (07) 3212 6855.
property notes
Not applicable.
VARIATION approval
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Building Works	All Building Works
submissions
Not applicable.
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a negotiated decision notice will be issued. Only one negotiated decision notice may be given.
OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.

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DEVELOPMENT ASSESSMENT DELEGATED REPORT

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